LL 06 Waterfront Residential Zones Local Law Filing NEW PORK STATE DEPARTMENT OF STATE
g 162 WASHINGTON AVENUE, ALBANY, NY 12231
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Qf3131 i
Townof ................................Queensbury..............................................................
WIMP
'
Local Law No. ..............6
...................................... of the year 19 ...9.6
To Amend THe Code of The Town of Queeasbury.....Qhap.Z.er..1.7.9...Thezeo£,..
A local law ............................................... ........................................................
Entitled "ZoninAjAsert Title) Including Amendments to Provisions Relating to
Waterfront Residential Zones
Be it enacted by the ........................Town Board of the
..............................................................
(Name of Legislative Body)
Comm
Ctm of Queensbury.............................................................. .........as follows:
Town .......................... .........................
SECTION 1 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-7, entitled "Definitions and word usage" , is hereby
amended to add the following two (2) definitions and to amend two
(2 ) definitions, as follows :
BUILDING/STRUCTURE HEIGHT - The distance measured. along a
vertical plane from the highest point of the building or
structure to finished grade at any point adjacent to the
building or structure.
BUILDING SQUARE FOOTAGE, TOTAL - Combined floor area of:
1 . All floors of the primary structure and covered
porches, including the basement when at least three
( 3) feet in height of one wall is exposed and the
space meets the requirements for living space as
described in Section 711 and 712 of the New York
State Building Code.
2 . Detached storage buildings greater than 100 square
feet, and detached garages .
3 . Excluded from building square footage are: open
decks, docks, and that portion of covered docks
which extend into the water, one ( 1) shed of 100
square feet or less -- any additional sheds will be
included.
FLOOR AREA RATIO (FAR) - The relationship of building size to
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev. 7/90)
lot size, derived by dividing the total building square
footage (see Building Square Footage) by the lot size in
square feet, yielding a percentage.
LOT FRONT LINE - The lot line which abuts upon a street or
highway right-of-way boundary. A lot with frontage on two (2)
roads or a road and a shoreline shall be considered to have
two (2) front lot lines . (See the Shoreline Regulations in
179-60 and lots bounded by two roads or shoreline in 179-30 . 1)
SECTION 2 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-12, entitled "General; interpretation and application
of regulations" is hereby amended to read as follows :
C. Use regulations.
(5) Principal buildings in residential zones . In areas
zoned for single-family dwellings, a maximum of one
( 1) single-family dwelling may be constructed per
lot, regardless of lot size. Construction of
additional single-family dwellings shall require
subdivision approval and shall be in conformance
with the requirements of this Chapter.
SECTION 3 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-16, entitled "Waterfront Residential Zones, WR-lA and
WR-3A" is hereby amended to read as follows :
S 179-16 . Waterfront Residential Zones, WR-lA and WR-3A.
A. Purpose. The purpose of Waterfront Residential
Zones is to protect the delicate ecological balance
of all lakes and the Hudson River while providing
adequate opportunities for development.
WR-lA - At least one ( 1) acre is required for
each principal building within the zone.
A minimum of two (2) acres is required
for clustering. (See Article VII of
Zoning Ordinance and Article IX of
Subdivision Regulations . )
WR-3A - At least three ( 3) acres are required for
each principal building within the zone.
A minimum of six ( 6) acres is required
for clustering. (See Article VII of
Zoning Ordinance and Article IX of
Subdivision Regulations . )
(2)
A maximum of one ( 1) single-family dwelling may be
constructed per lot, regardless of lot size.
Construction of additional single-family dwellings
shall require subdivision approval, and shall be in
conformance with the requirements of this Chapter.
B. Maximum density. Waterfront Residential Zones are
divided into areas with two (2) different
densities : WR-1, where one ( 1) principal building
is allowed for every one ( 1) acre within the zone,
and WR-3, where one ( 1) principal building is
allowed for every three (3) acres .
C. The following uses and structures are permitted in
Waterfront Residential Zones :
( 1) Principal uses :
(a) Occupancy of one ( 1) dwelling by a
family.
(b) Occupancy, by individuals, of a building
which facilitates hunting and fishing
activities . No commercial use is
allowed.
(2) Principal structures :
(a) Single-family dwelling.
(b) Hunting/fishing cabin, less than three
hundred ( 300) square feet.
( 3) Accessory uses :
(a) Storage of vehicles, boats and other
items associated with the principal use
of a single family dwelling.
(b) Private recreation activities, including,
but not limited to, boating, swimming,
tennis, etc.
(c) Home occupation.
(4) Accessory structures :
(a) Private garage/private boat storage
building.
(b) Storage shed.
( 3)
(c) Recreational facilities, private.
(d) Private dock.
D. Site plan review and approval from the Planning
Board is required prior to conducting the following
uses or activities :
( 1) Clear-cutting of an area greater than one ( 1)
acre.
E. Site plan review and approval from the Planning
Board is required prior to the construction of the
following structure(s) /building(s) :
( 1) Private boathouse.
(2 ) Covered docks .
F. Lot, yard, height, and building size regulations
shall be as follows :
WR-lA WR-3A
Lot Area 1 acre 3 acres
Lot Width 150 ' 150 '
Depth N/A N/A
Front Setback 30 ' 30 '
Side Setback* 25 ' 25 '
Rear Setback 25 ' 25 '
Shoreline Setbacks 50 ' *** 75 '
Min. % Permeability Req'd. 65% 65%
Max. Bldg. Height
Principal Structure** 28 ' 28 '
Detached Accessory Structure 16 ' 16 '
Max. % Floor Area Ratio 22% 22%
Lot Size/Dwelling 1 acre 3 acres
*Lot Width of 50 ' or less = 12 ' for each side &
rear setback
>50 ' up to and including 60 ' = 15 '
for each side and rear setback
(4)
>60 ' and <150 ' = 20 ' for each side &
rear setback
**As measured along a vertical plane from the high
point of the building/structure to grade at any
point adjacent to the building or structure.
***Or the average setback of the houses on the two
(2 ) adjoining lots, whichever is greater.
G. Compliance with septic regulations . Any increase
in the floor area of an existing structure serviced
by sanitary facilities which requires a building
permit, shall conform with the requirements of
Chapter 136 .
SECTION 4 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-30 . 1, entitled "Lots bounded by two roads", is hereby
amended to read as follows :
S 179-30. 1 Lots bounded by two roads or a road and shoreline.
The definitions of front, rear and side yard notwithstanding,
where a lot is bounded by two (2 ) roads (a public road or
public right-of-way exclusive of private right-of-way) , or a
road and a shoreline, any front yard or setback requirements
set forth in this chapter shall be met on both such
boundaries . Both areas or sides of the lot adjacent to each
road or shoreline shall be considered front yards for chapter
compliance purposes . The remaining areas shall be considered
rear yards . The lot will be treated as if it had no side
yards, but only front and rear yards, for zoning compliance
purposes .
SECTION 5 . Chapter 179 of the Code of the Town of Queensbury,
Section 179-60 entitled "Shoreline and wetland regulations" is
hereby amended to read as follows :
B. Regulations
(c) Shoreline setbacks . The minimum setback from the
mean high-water mark of all principal buildings and
accessory structures, other than docks or
boathouses, shall be fifty (50) feet or the average
setback of the houses on the two (2) adjoining
lots, whichever is greater, in the WR-lA zone,
seventy-five (75) feet in the WR-3A, LI-lA, LI-3A,
WR, SR, SFR, UR, MR, CR, and RR Zones and all
(5)
Commercial Zones, one hundred ( 100) feet in LC and
PR Zones and two hundred (200) feet in HI-3A Zones.
SECTION 6 . Effective Date.
Immediately upon filing with the Secretary of State, in
accordance with the provisions of Municipal Home Rule Law Section
27 .
(6)
TOWN OF QUEENSBURY
DIAGRAM_
BUILDING HEIGHT
[See 179-7]
Highest point of building
Building
Height
� I
Finished
� I
Grade
Building/Structure Height-The distance
measured along a vertical plane from
the highest point of the building or
structure to finished grade at any point
adjacent to the building or structure.
(7)
Front Yard Setback 30'
TOWN OF QUEENSBURY
Waterfront Residential
Zone— Chapter 179-16
I Diagram of Setbacks
I ( I as specified in the
I I I I ordinance for
�z I 12, Co
15.L-J i—_� 25• — 2s' Waterfront Lots
Shoreline setback 50',or average setback of the
two adjacent houses,whichever is greater
Lot Width 0-50' >50,<60' >60 and<150' 150 and greater
J'
13 oot applicable.)
1. • (Final-adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, desigtated as local law No. 6 96 of 19
of the (� �)(Town)(NN4W) of Queen ury was duly passed by the
Town Boar on QStoher 7th. 19 96 in accordance with the applicable provisions of law.
(Name o egis ativsBody)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
ame of egis alive o y
disapproval) by the and was deemed duly adopted on 19r
scttve hie xeeutive t uer
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
Elective Chief Executive Officer*)
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive Officer*
permissive referendum and no valid petition requesting such referendum was filed as of 19_,
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(9)
S. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the'-local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the special
ene al election held on ............
............19.........became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph......j......above.
L
Clerk of the County legislative body,City.Town OrViffr>Av Clerk or
officer designated by local legislative body
Date: b —I-,
(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Warren
.................................
1, the undersigned, hereby certify that the forego' o 11nnexed
he correct text and that all
proper proceedings have been had or taken for the enact f her
... .. ... Signature......................
Mari S chacfirie'r Title"
Ta,&ounsel
Date: �� CI�DTown
of ...QueeRSbuly..................
(10)
I,
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
October 17, 1996
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 6, 1996, filed 10/16/96
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Please be advised only 1 original local law is required to be
filed in our office.
Sincerely,
q0Aj
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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PS Form 3811,December 1994 Domestic Return Receipt
FIA;Of
The following material has been received
and will he prnces8ed for inclusion in
YOUr Code as supplemental pages (where
applicable) :
Local Qw No. 606.
Town of Queenshury
CIO Clerk's Office,
531 Bay Mac!
Queensbury. NY 12804